Chapter 1 Occupational Health and Disease Control
Chapter 2 Occupational Health and Disease Prevention
Chapter 3 Pesticide Poisoning
Chapter 4 Residential Lead-Based Paint Hazard Reduction
Chapter 5 Childhood Lead Poisoning Prevention
Chapter 6 Safer Medical Devices
Chapter 7 Indoor Environmental Quality
Chapter 8 California Environmental Contaminant Biomonitoring Program

Terms Used In California Codes > Health and Safety Code > Division 103 > Part 5

  • abuse: means any of the following:

    California Revenue and Taxation Code 41130

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence. See California Revenue and Taxation Code 41133
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. See California Education Code 1200
  • ballistic knife: means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. See California Revenue and Taxation Code 41137
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Chambers: A judge's office.
  • child: means a person under 18 years of age. See California Penal Code 25000
  • City: includes "city and county. See California Education Code 25018.6
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community health center facilities: as used in this article , means those licensed, nonprofit primary care clinics as defined in paragraph (1) of subdivision (a) of Section 1204. See California Health and Safety Code 129355
  • Consumer: means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a). See California Health and Safety Code 105110
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes "city and county". See California Education Code 1012
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Education Code 18556
  • County: includes "city and county. See California Education Code 94150
  • County: includes city and county. See California Education Code 24937
  • dagger: means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. See California Revenue and Taxation Code 41171.5 v2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • department: means State Department of Health Services. See California Education Code 24943
  • Department: means the Department of Conservation. See California Education Code 1200
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • domestic violence: means abuse perpetrated against any of the following persons:

    California Revenue and Taxation Code 41172.5

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Facilitation: means the use of modified or adapted materials, special instructions, equipment, or personal assistance by an individual, such as assistance with communications, that will enable a consumer to understand and participate to the maximum extent possible in the decisions and choices that affect his or her life. See California Health and Safety Code 105110
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • firearm: includes the frame or receiver of the weapon:

    California Revenue and Taxation Code 41176

  • firearm safety device: means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. See California Revenue and Taxation Code 43054
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Forbearance: A means of handling a delinquent loan. A
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant program: means the program established pursuant to Section 10280. See California Education Code 1200
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • gun safe: means a locking container that fully contains and secures one or more firearms, and that meets the standards for gun safes adopted pursuant to Section 23650. See California Revenue and Taxation Code 43152.7
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Revenue and Taxation Code 43152.10
  • immediate family member: means either of the following relationships:

    California Revenue and Taxation Code 43153

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint powers authority: means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is formed in part to protect agricultural land. See California Education Code 1200
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Education Code 1012
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Education Code 32080
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local government entity: means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. See California Education Code 1200
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Revenue and Taxation Code 43201
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Education Code 1012
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • negligently: import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See California Education Code 1012
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit organization: means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. See California Education Code 1200
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: A promise to tell the truth.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19500
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public agency: means cities, counties, and local hospital districts. See California Health and Safety Code 129550
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • season: means "open season. See California Government Code 51939.2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • switchblade knife: means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. See California Revenue and Taxation Code 43451
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Education Code 19511
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535